How to File a Divorce in Lewisville, TX

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Step 1

Obtain and fill out an "Original Petition for Divorce." This form asks for information about children, property and grounds for divorce. Grounds for divorce can simply be conflicting personalities. This form is available in the county clerk's office of the Denton County Courthouse ( Make two copies of the completed form.

Step 2

Bring the completed "Original Petition for Divorce" and its copies to the county clerk's office. File them with the county clerk. You will be required to pay a fee between $250 and $300, according to information at the time of publication. If you cannot afford the filing fee, file an "Affidavit of Inability to Pay Costs." This form is available in the county clerk's office. It tells the court about your income and requests the filing fee be waived. The clerk will stamp and date the "Original Petition for Divorce" and its copies. The court will keep one, you will keep one and the other will go to your spouse.

Step 3

Notify your spouse that you have filed for divorce. This is called "Legal Notice." There are three ways to provide notice. Your spouse can sign a "Waiver of Service," have it notarized and then filed in court. You can hire a private party or a county constable to deliver notice. Or, If you can't locate your spouse, you can request to post and publish the divorce notice. If allowed, post in the courthouse and publish it in a newspaper where your spouse last resided. Your spouse must respond within 21 days (28 if notice is served by posting), or the case will continue without him.

Step 4

Wait for your divorce to be finalized, which takes at least 61 days even if it is uncontested. Your spouse has at least 21 days to file a legal response, called an "Answer," to the divorce notice. He is legally entitled to notification of all court proceedings if he files an "Answer."

Step 5

Determine if your divorce will be contested or uncontested. If your spouse files an answer and does not agree to the terms of the divorce, then it is contested. Consider hiring a lawyer if this happens. Your property, children and income are at stake. If you and your spouse agree on terms, or you've made diligent attempts to notify your spouse and he or she didn't respond, it is uncontested.

Step 6

Fill out a "Final Decree of Divorce" if your divorce is uncontested. Questions on the form ask how property, debt and parental rights are to be divided. These forms are available at the Denton County Courthouse.

Step 7

Appear before a judge. Contact the Denton County Courthouse to determine when judges hear uncontested divorce cases. A hearing does not need to be scheduled if the divorce is uncontested. Bring the petition for divorce, the answer and the decree of divorce. The judge will sign your paperwork and you will file it with the district clerk to finalize your divorce.



About the Author

Charles Hayward has been writing professionally since 2010, covering local government, schools and the occasional sporting event. He earned a Bachelor of Arts from Hampshire College, where his multidisciplinary studies included coursework in the social sciences and humanities.

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